Kern v. News Syndicate Co.

Appellate Division of the Supreme Court of New York

Kern v. News Syndicate Co.

9 A.D.2d 662, 192 N.Y.S.2d 483, 1959 N.Y. App. Div. LEXIS 6620

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 20, 1959

StatusPublished

This text of 9 A.D.2d 662 (Kern v. News Syndicate Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Kern v. News Syndicate Co., 9 A.D.2d 662, 192 N.Y.S.2d 483, 1959 N.Y. App. Div. LEXIS 6620 (N.Y. Ct. App. 1959).

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Opinion

Since there is an apparent ambiguity the order appealed from is modified in the exercise of discretion to the extent hereinafter indicated, and as so modified is otherwise affirmed, without costs to either party. All of the language of paragraph fourteenth of the amended answer is stricken except the following: “In July, 1949, plaintiff sponsored and attended the Bill of Rights Conference. During the course of said conference plaintiff spoke in criticism of the Federal Bureau of Investigation and of alleged denials of Civil rights to Communists.” Special Term correctly indicated that “ it is immaterial and prejudicial” as to what others did. Settle order. Concur — Breitel, J. P., Rabin, Valente, McNally and Stevens, JJ.

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Since there is an apparent ambiguity the order appealed from is modified in the exercise of discretion to the extent hereinafter indicated, and as so modified is otherwise affirmed, without costs to either party. All of the language of paragraph fourteenth of the amended answer is stricken except the following: “In July, 1949, plaintiff sponsored and attended the Bill of Rights Conference. During the course of said conference plaintiff spoke in criticism of the Federal Bureau of Investigation and of alleged denials of Civil rights to Communists.” Special Term correctly indicated that “ it is immaterial and prejudicial” as to what others did. Settle order. Concur — Breitel, J. P., Rabin, Valente, McNally and Stevens, JJ.

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9 A.D.2d 662, 192 N.Y.S.2d 483, 1959 N.Y. App. Div. LEXIS 6620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kern-v-news-syndicate-co-nyappdiv-1959.